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HomeMy WebLinkAbout09-2521a COMMONWEALTH OF PENNSYLVANIA COUNTY OR YORK Mag. Dist. No.: 19-3-09 MDJName: Hon. SCOTT J. GROSS Address 700 YORKTOWN RD LZWTSBERRY, PA Telephone: (717 ) 938-2523 17339 MONARCH PRODUCTS COMPANY INC 385 SIPS ROAD YORK HAVEN, PA 17370-9785 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JDDT PLTF 09 TGr r- NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rMONARCH PRODUCTS COMPANY INC 385 SIPE ROAD YORK HAVEN, PA 17370-9785 L J VS. DEFENDANT: NAME and ADDRESS rTRIAZ, INC. 1621 POTATO VALLEY RD HARRISBURG, PA 17112 L J Docket No.: CV-0000059-09 Date Filed: 1/30/09 (Date of Judgment) 3/05/09 ® Judgment was entered for: (Name) MONARCH PRODUCTS COX, PANY INC ® Judgment was entered against: (Name) TRIAZ, INC. in the amount of $ 7.166.7 F] Defendants are jointly and severally liable. Damages will be assessed on Date & Time ? This case dismissed without prejudice. F] Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 7,000.82 Judgment Costs $ 165.90 Interest on Judgment $ .06 Attorney Fees $ ?-00 Total $ 7,166.72 Post Judgment Credits $ Post Judgment Costs $ IJ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 51 OR Date I certify that this is a true and correct of th -/Date My commission expires first Monday of January, cola -, Magisterial District Ju containing the judgment. Magisterial District Judge SEAL AOPC 315-07 zi,aino a.no.ne 1U R -OFFICE OF TFEE r r OTHWTARY 2909 APR 22 AM 11: 19 NE:N liSYLVANIA Po AM 'QWAbE ex-V 389.7 or* aayf oy _1?ctbte. __ `. MONARCH PRODUCTS CO., INC.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v : NO. 09- CIVIL TERM TRIAX, INC., : DISTRICT JUSTICE Defendant : DOCKET NO. CV-0000059-09 AFFIDAVIT OF NO APPEAL As of April 22, 2009, an appeal from the judgment of the Magisterial District Justice has not been filed in the Court of Common Pleas of York County, Pennsylvania, in the above-captioned matter. Wayne F. 'Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff FILED- OlFFIC', E OF THE Pu b 11 2009 APR 22 AV I ! : 20 } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MONARCH PRODUCTS CO., INC.: ( ) Confessed Judgment Plaintiff : (X) Other - District Justice NO. 09 CIVIL TERM V. TRIAX, INC., Amount Due: $7,166.72 1621 Potato Valley Road : Interest from March 5, 2009 Harrisburg, PA 17112 Attorney's Commission: Defendant Costs: Susquehanna Bank, successor to COMMUNITY BANK 201 St. Johns Church Road Camp Hill, PA 17011, Garnishee PRAECIPE FOR WRIT OF EXECUTION TO: Curtis R. Long, Prothonotary The undersigned hereby Certifies that,the below does not arise out of a retail installment sale, contract or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966, as amended. Issue Writ of Execution in the above matter to the Sheriff of Cumberland County, WAYNE F. SHADE Pennsylvania, for debt, interest and costs against Susquehanna Bank, successor to Community Bank, 201 St. Johns Church Road, Camp Hill, Pennsylvania 17011, as Garnishee. Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 0 rFr c. 1AX i 2009 APR 22 AM ! 1 20 CllE 1 F -04.5o . Po AYTY (27.95 car A. so 1, ",54-61.5 - PO MY Cj? * 3Sal e welq & N4&W,4 PRAECIPE FOR ATTACHMENT EXECUTION Issue Writ of Attachment to the Sheriff of Cumberland County, Pennsylvania, for debt, interest and costs, as above, directing attachment against the above-named Garnishee for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list): for all property of Defendant in the possession, custody or control of the said Garnishee. Date: April 22, 2009 Esquire , Wayne FVhade Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-2521 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MONARCH PRODUCTS CO., INC., Plaintiff (s) From TRIAX, INC., 121 Potato Valley Road, Harrisburg, PA 17112 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: SUSQUEHANNA BANK, successor to COMMUNITY BANK, 201st. Johns Church Road, Camp Hill, PA 17011 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $7,166.72 L.L. $.50 Interest from 3/05/09 Atty's Comm % Atty Paid $54.25 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 4/22/09 (Seal) /??Oaz7n4 C s R. Long, nota By: Deputy REQUESTING PARTY: Name WAYNE F. SHADE, ESQUIRE Address: 53 WEST POMFRET STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-0220 Supreme Court ID No. 15712 Sheriffs Office of Cumberland County R Thomas Kline Edward L Schorpp Sheriff' Solicitor Ronny R Anderson Jody S Smith Chief Deputy 0FF1<;E '="F NE `"ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/30/2009 01:35 PM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 30, 2009 at 1335 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Triax, Inc., in the hands, possession, or control of the within named garnishee, Susquehanna Bank, successor to Community Bank, 201 St. Johns Church Road, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Ana Yost, Branch Manager personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on May 5, 2009 to Triax, Inc. at 121 Potato Valley Road, Harrisburg, PA 17112. 2009-2521 So Answers, Monarch Products O., Inc. Tr Triax, Inc. R. Thomas Kline, Sheriff Deputy By 0 C C tom: .T} M M '-4 {A u l MONARCH PRODUCTS CO., INC.: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 09- Z S Z CIVIL TERM TRIAX, INC., Defendant A,.>swws 4o INTERROGATORIES TO GARNISHEE TO: Susquehanna Bank, successor to Community Bank You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. The answers must be in writing and under oath. You are warned that if you fail to do so, a judgment may be entered against you by the court without further notice for any money claimed by Plaintiff against Defendant. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Date: April 22, 2009 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 I I 1. State with ,respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Whether or not you owed any Defendant any money; Yes (b) Whether or not you were liable to any Defendant on any negotiable or other written instrument; or NQ (c) Whether any Defendant claimed that you owed any Defendant any money or were liable to any Defendant for any reason. N.. 2. If any of your responses to Interrogatory No. 1 above are in the affirmative, state, as follows: (a) The amounts which you owed any Defendant or which any Defendant claimed you Owed; Defendant has one business checking account number XXXXXX1246 with an available balance of $446.16. (b) If there is more than one Defendant, which Defendant you owed or were claimed to have owed; N/A WAYNE F. SHADE Attorney at law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- (c) The reasons why such sums were owed by you; See answer to interrogatory #2a above. (d) Whether or not the obligations creating the debt were in writing; and N/A (e) The dates when such sums became owed by you. N/A 3. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Whether you held legal title to any property of any nature which was actually legally or equitably owned solely or in part by any Defendant; No. (b) The fractional interests of all joint owners or custodians including yourself; NIA WAYNE F. SHADE Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- (c) Descriptions of all such items and identifications as to any particular joint custody or ownership, NIA (d) Values of each of such items; NIA (e) Whether or not the items are encumbered; N/A (f) If encumbered, the names and addresses of the encumbrance holders; N/A (g) If encumbered, since when; N/A (h) If encumbered, the amount of the initial encumbrance; N/A (i) If encumbered, the amount of the present balance of the encumbrance; N/A 0) If encumbered, whether or not such items were subjected to a security interest; and NIA WAYNE F. SHADE Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- (k) If subjected to a security interest, where and when the security interests were filed. Nip, 4. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Whether you held as fiduciary any property in which any Defendant had an interest; No. (b) Descriptions of all such items; NIA (c) Values of each of such items; NIA (d) Whether or not the items are encumbered; NIA (e) If encumbered, the names and addresses of the encumbrance holders; NIA WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -5- (f) If encumbered, since when; N/A (g) If encumbered, the amount of the initial encumbrance; NIA (h) If encumbered, the amount of the present balance of the encumbrance; N/A (i) If encumbered, whether or not such items were subjected to a security interest; N/A and 0) If subjected to a security interest, where and when the security interests were NIA WAYNE F. SHADE Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 filed. -6- 5. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Any property which you transferred or delivered to any person or place in satisfaction of a claim which anyone had against any Defendant; N/A. (b) The dates of transfer; N/A (c) The names and addresses of the transferees; N/A (d) The family relationships, if any, to any Defendant of any such transferees; NIK (e) Descriptions of all such items; NIA. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -7- (f) Values of each of such items; PIA (g) Whether. or not the items were encumbered; M/A (h) If encumbered, the names and addresses of the encumbrance holders; NIA (i) If encumbered, since when; NIA (j) If encumbered, the amount of the initial encumbrance; NIA (k) If encumbered, the amount of the balance of the encumbrance at the date of NIA transfer; WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -g- (1) If encumbered, whether or not such items were subjected to a security interest; and MA (m) If subjected to a security interest, where and when the security interests were filed. NfA 6. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Whether or not there were any other executions pending against any Defendant as to which you were listed as Garnishee; None. (b) If so, the names and addresses of the lienholders; NfA (c) If so, state the Courts from which such executions issued and the docket numbers of??4Wxecutions; and rr WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -9- (d) If so, state the amounts of the executions. WA These Interrogatories shall be deemed to be continuing Interrogatories. If after the time of your answer you or anyone acting in your behalf learn or obtain additional information requested, but not supplied in your answers, you shall promptly furnish a supplemental answer under oath containing the same. Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -10- VERIFICATION I, Catherine M. Bush, verify that the facts set forth in these Interrogatories are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S. § 4904) related to unsworn falsification to authorities. Dated: May 11, 2009 w4? Catherine M. Bush, Secretary and Legal Counsel Susquehanna Bank 26 North Cedar Street Lititz, Pa 17543 (717) 625-6273 FYI h Y